Debates In Charity Law

Author : John Picton,Jennifer Sigafoos
Publisher : Bloomsbury Publishing
Page : 329 pages
File Size : 42,8 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509926848

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Debates in Charity Law by John Picton,Jennifer Sigafoos Pdf

Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

Author : John Picton,Jennifer Anne Sigafoos
Publisher : Unknown
Page : 288 pages
File Size : 49,5 Mb
Release : 2020
Category : Charitable uses, trusts, and foundations
ISBN : 1509926860

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Debates in Charity Law by John Picton,Jennifer Anne Sigafoos Pdf

Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools ? historically so closely linked with charity ? might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

Author : Anne-Marie Piper
Publisher : Sweet & Maxwell
Page : 287 pages
File Size : 41,8 Mb
Release : 2012
Category : Law
ISBN : 9781908239112

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Charity Law by Anne-Marie Piper Pdf

Evidence LawBasics, 3rd Edition presents students with a fully updated, compact and concise textbook. This title complements course texts and acts as a highly useful exam revision aid, putting an end to the tendency to rely on scribbled notes and photocopies. This title provides an indispensable guide for any Scots law student of evidence, accurately covering all the necessary topics for a fundamental understanding of the law of evidence as it stands in Scotland.Derek Auchie is a Lecturer in Law at The Robert Gordon University, Aberdeen and is a qualified solicitor.

Author : Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon
Publisher : Springer Science & Business Media
Page : 627 pages
File Size : 51,7 Mb
Release : 2008-06-27
Category : Law
ISBN : 9781402084140

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Charity Law & Social Policy by Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon Pdf

Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK. As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

Author : Daniel Halliday,Matthew Harding
Publisher : Taylor & Francis
Page : 229 pages
File Size : 50,8 Mb
Release : 2022-06-30
Category : Business & Economics
ISBN : 9781000598346

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Charity Law by Daniel Halliday,Matthew Harding Pdf

This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.

Author : Myles McGregor-Lowndes,Kerry O'Halloran
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 52,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849807975

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Modernising Charity Law by Myles McGregor-Lowndes,Kerry O'Halloran Pdf

In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics,regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.

Author : Kathryn Chan
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 50,7 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781782258506

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The Public-Private Nature of Charity Law by Kathryn Chan Pdf

Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University

Author : Francis Gladstone
Publisher : Unknown
Page : 232 pages
File Size : 44,5 Mb
Release : 1982
Category : Law
ISBN : UOM:39015001707903

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Charity, Law, and Social Justice by Francis Gladstone Pdf

Author : Terrance S. Carter
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2020
Category : Electronic
ISBN : 043352281X

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Charities Legislation & Commentary by Terrance S. Carter Pdf

In Canada, there is no single statute that sets out all of the legislative requirements applicable to charities. Rather, the relevant statutory provisions are found in multiple federal and provincial statutes. In addition, extensive legislative changes each year make it increasingly difficult to cope with the law. Having a concise guide to the law governing charities is a must. Selected and prepared by charity law experts, Terrance Carter, Maria Elena Hoffstein and Professor Adam Parachin, this unique publication provides a useful reference for anyone researching key federal and Ontario statutes governing registered charities in Canada. This edition compiles, describes or otherwise takes account of, approximately 145 statutes and 75 regulations. Highlights of This New Edition Discussion of latest updates from the 2022 Budget to the Income Tax Act concerning improvements to facilitate disbursements by registered charities to organizations that are not qualified donees under the Act and provisions increasing a charityâ€TMs disbursement quota Updated discussion of charitable remainder trusts in light of recent Canada Revenue Agency Technical Interpretations Discussion of Canadaâ€TMs expanded anti-money laundering and anti-terrorist financing rules Up-to-date discussion of federal and provincial corporate legislation and regulations, including the Canada Not-for-Profit Corporations Act and Ontario Not-for-Profit Corporations Act, 2010 Who Should Buy Charity law practitioners who need to advise charities, their directors and officers on myriad compliance matters Lawyers who are retained to set up not-for-profit corporations Accountants who must stay abreast of recent and anticipated changes to income tax legislation pertaining to registered charities Executives and officers of charitable organizations who want to understand the complex statutory regime governing registered charities and their statutory duties and liabilities.

Author : Gino Evan Dal Pont,Stefan Petrow
Publisher : Unknown
Page : 558 pages
File Size : 43,6 Mb
Release : 2017
Category : Charitable uses, trusts, and foundations
ISBN : 040933913X

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Law of Charity by Gino Evan Dal Pont,Stefan Petrow Pdf

Law of Charity focuses on the law which governs and regulates the application of money for charitable purposes. Providing coverage of both Australian and international law, this text is an exposition of the law pertaining to charitable objects and includes discussion on the history of charity law, privileges of charity under general law and statute, the jurisdiction of the court in relation to the charitable sector, and reform of charity law.

Author : Myles McGregor-Lowndes,Bob Wyatt
Publisher : Routledge
Page : 245 pages
File Size : 49,7 Mb
Release : 2017-04-07
Category : Business & Economics
ISBN : 9781317190585

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Regulating Charities by Myles McGregor-Lowndes,Bob Wyatt Pdf

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Author : Matthew Harding
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 50,7 Mb
Release : 2018-12-28
Category : Law
ISBN : 9781785369995

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Research Handbook on Not-For-Profit Law by Matthew Harding Pdf

This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.

Author : Matthew Harding
Publisher : Cambridge University Press
Page : 263 pages
File Size : 45,6 Mb
Release : 2014-10-09
Category : Law
ISBN : 9781107022331

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Charity Law and the Liberal State by Matthew Harding Pdf

The first sustained consideration of the law of charity from a liberal philosophical perspective.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,9 Mb
Release : 1960
Category : Electronic
ISBN : OCLC:810565515

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Law of Charities by Anonim Pdf

Author : Mary Synge
Publisher : Hart Publishing
Page : 0 pages
File Size : 40,5 Mb
Release : 2017-10-26
Category : Law
ISBN : 150991773X

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The 'New' Public Benefit Requirement by Mary Synge Pdf

This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.